AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Defenses: Notice of Claim
the U.S. government for alleged FBI complicity in the organized crime murder
of a man purportedly ordered by two high-level FBI mob informants was barred
because the victim's spouse failed to file an administrative claim with
the FBI for over two years after she should have known, from publicly available
information, that she had a possible claim. Callahan v. U.S , No. 04-2466
2005 U.S. App. Lexis 22395 (1st Cir.). [2005 LR Dec]
An arrestee's filing of a police brutality complaint with the internal affairs division of the county police department was not adequate to satisfy the requirements under the Maryland Local Government Tort Claims Act for notice of a claim before pursuing a civil lawsuit for damages. The fact that an officer allegedly told the arrestee to "take no action" while the internal affairs investigation was pending did not constitute an excuse for failing to file a timely notice of claim. White v. Prince George's County, No. 01293, 877 A.3d 1129 (Md. App. 2005). [N/R]
City of New York was not prejudiced by plaintiff's delay in filing notice of claim concerning actions of police called to the scene of an assault, which allegedly resulted in a man's death, when the city knew all of the essential facts of the incident. Denial of motion to serve a late notice of claim, therefore, was an abuse of discretion. Schiffman v. City of New York, 797 N.Y.S.2d 450 (A.D. 1st Dept. 2005). [N/R]
Summary judgment was properly entered for defendant city in wrongful death lawsuit brought under Washington state law concerning death of motorist which occurred during high-speed police chase when administrator of decedent's estate failed to comply with a statutory requirement that they personally sign the notice of claim against a municipality. Reyes v. City of Renton, No. 50154-2-1, 88 P.3d 155 (Wash. App. Division 1 2004). [N/R]
Court had no alternative but to dismiss plaintiff's claims against city and police chief and officers, when she failed to comply with Florida state statute requiring notice of the claim before filing suit. Wagatha v. City of Satellite Beach, No. 5D03-1372, 865 So.2d 620 (Fla. App. 5th Dist. 2004). [N/R]
Police officer seeking to sue city for failing to provide him with proper respiratory or protective equipment, causing him to be injured by exposure to toxic substances in the course of his work related to the rescue and recovery operations from the September 11, 2001 attack on the World Trade Center adequately showed a reasonable excuse for his delay in filing the required notice of claim, and that the city had knowledge of the essential facts of his claim given the circumstances of destruction stemming from the attack, the well-publicized allegations of toxic substances in the smoke and debris, and the similar health claims made by many rescue workers. O'Halloran v. City of New York, 770 N.Y.S.2d 583 (Supreme Court, N.Y. County, 2003). [N/R]
New York state notice of claims statute, while applying to state law claims against police officers and police chief, did not apply to federal civil rights claims, and therefore the alleged failure to comply with the statute did not bar the plaintiff's federal civil rights claims. Ahern v. Neve, 285 F. Supp. 2d 317 (E.D.N.Y. 2003). [N/R]
Arrestee who was mentally incapacitated was entitled to permission to file a late notice of claim in his false arrest, malicious prosecution, and unlawful imprisonment lawsuit against the city. The police department had all the essential facts about the case in its possession and the late notice would not result in any prejudice to the city in defending the case. Nunez v. City of New York, 762 N.Y.S.2d 384 (A.D. 1st Dept. 2003). [N/R]
State law claim for false arrest against county and police officers was properly dismissed for failure to comply with statutory notice of claim requirements contained in N.Y. McKinney's County Law, Secs. 50-e, subd. 1(a), 52. Evans v. Nassau County, 184 F. Supp. 2d 238 (E.D.N.Y. 2002). [N/R]
Arrestee's letter to county attorney's office stating his intention to sue the county police department for injuries incurred during his arrest was insufficient to satisfy the notice requirements of Maryland's Local Government Tort Claims Act, Md. Code. Courts and Judicial Proceedings, Sec. 5-304(a) when the letter indicated that the arrest was made by town police officers and did not state what action, if any, was taken by county police officers. Lanford v. Prince George's County, Md., 199 F. Supp. 2d 297 (D. Md. 2002). [N/R]
333:133 Georgia notice of claims statute only applied to claims that married couple arrested after school board meeting had against the city, not to claims against individual city employees; couple's counter-claim for alleged abusive litigation was improper in officer's lawsuit against them for injuries, since it could only be brought after the termination of the first lawsuit. Jacobs v. Littleton, Nos. A99A2014-A99A2016, 525 S.E.2d 433 (Ga. App. 1999).
322:151 Federal appeals court rules that lawsuit over man's ejection from city council meeting was properly found to be time barred by California one-year statute of limitations; separate statute of limitations, providing up to two years to bring suit when damage claims are first presented to public entity, had no applicability to federal civil rights action. Silva v. Crain, #98-15281, 169 F.3d 608 (9th Cir. 1999).
321:132 Man shot by county sheriff was required, under Mississippi state law, to give notice of his potential lawsuit against county and sheriff within 90 days of incident; claims against both county and sheriff were properly dismissed for failure to comply. Holmes v. Defer, #97-CA- 01048-SCT, 722 So. 2d 624 (Miss. 1998).
307:101 New York arrestee's claims for false arrest, improper interrogation, and other claims under state constitution accrued between date of arrest and conviction, and were time barred when he failed to file a notice of claim within 90 days, despite fact that conviction was not overturned on appeal until much later. Goddard v. State, 662 N.Y.S.2d 179 (Ct. Cl. 1997).
301:6 New Jersey plaintiff's filing of his own notice of claim form with the county was insufficient when county had adopted a detailed questionnaire to be filed by all claimants against the county, and plaintiff had failed to return it, despite repeated requests. Johnson v. Does, 950 F.Supp. 632 (D.N.J. 1997).
289:3 Man allegedly beaten by officers at police station and then arrested, who filed timely notice of claim concerning alleged excessive use of force, allowed to file late notice of malicious prosecution claim almost a year after charges against him were dropped; New York intermediate appeals court rules that city had "actual knowledge" of malicious prosecution claim. Diallo v. City of New York, 638 N.Y.S.2d 58 (A.D. 1996).
284:115 Arrestee's alleged ignorance of the legal requirement that he serve a notice of claim for false arrest on city within 90 days did not excuse his failure to do so Ragin v. City of New York, 636 N.Y.S.2d 83 (A.D. 1995).
Woman's suit against law enforcement officials for failure to protect her against assault by her estranged husband was barred because she did not file a notice of claim within 180 days as required by state statute; South Dakota Supreme Court holds that she was not "mentally incapacitated" by the attack in a manner justifying an extended notice of claim period when she was able to take other actions to protect her rights, including cooperating in the prosecution of her husband. In re Kindle, 509 N.W.2d 278 (S.D.1993).
Vehicle passenger injured in collision with police car was properly allowed to file a late notice of claim on town; town's actual knowledge of facts of accident within 90 days was sufficient to avoid any prejudice to town from formal notice filed nine months late. McAdams v. Police Dept of Clarkstown, 584 N.Y.S.2d 343 (A.D. 1992).
Tenant in city-owned building shot by next door neighbor allowed to file late notice of claim against police department and city when both defendants had actual notice of events leading up to the shooting, and tenant obtained an order of protection. Santana v. City of New York, 584 N.Y.S.2d 53 (A.D. 1992).
Wrongful death verdict against Florida sheriff overturned because of plaintiff's failure to file notice of claim with state Dept of Insurance as required by state law, despite fact that Dept of Insurance had no interest in case because it did not insure sheriff Sheriff of Orange County v. Boultbee, 595 So.2d 985 (Fla App. 1992).
Plaintiff's notice to county attorney that he planned to bring a claim against the sheriff's department was insufficient notice, under Florida law, when the county attorney did not represent the sheriff Pirez v. Brescher, 584 So.2d 993 (Fla 1991).
Teenager who alleged she was raped by officer who stopped her for speeding was allowed to proceed with negligent hiring lawsuit against village despite late notice of claim; post traumatic stress syndrome suffered by plaintiff excused notice of claim requirement Howe v. Village of Trumansburg, 565 N.Y.S.2d 298 (A.D. 1991).
Maine motorist and son injured when their car was struck by police vehicle failed to give required notice of claim within 180-days; contact and discussion with city's insurance carrier did not suffice Bruno v. City of Lewiston, 570 A.2d 1221 (Me 1990).
Formal notice of accident not required under Texas law when sheriff's department had actual notice because investigators sent to scene Rosales v. Brazoria County, 764 S.W.2d 342 (Tex. App. 1989).
Individual police officer defendants in Arizona entitled to individual notice of claim; entitled to indemnity from plaintiff's attorney for their personal liability in neglect to serve notice was inexcusable Johnson v. Superior Court, 763 P.2d 1382 (Ariz App. 1988).
Arrestee bringing federal civil rights claim in state court had to comply with Wisconsin's notice of claims statute; letter by third party was insufficient notice Felder v. Casey, 408 N.W.2d 19 (Wis 1987).
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